Privacy Policy

Privacy Policy - Aug 2019

Privacy Policy

Foresight Group Australia Pty Ltd and its related entity Foresight Group LLP ("we", "us" or "our") value the security and privacy of your personal information.

We respect the privacy of all individuals who provide ‘Personal Information’ to us. Where a requirement of any applicable legislation in the a country we operate in is inconsistent with this Privacy Policy, that legislative requirement will apply.

Please note that this Policy applies to the information of prospective employees used during the application process but does not apply to "employee records" (as defined in the Australian Privacy Act 1988 (Cth) (“Privacy Act”) of employees in Australia.

You do not have to provide us with your information. However, if you do not provide us with the information we require, we may not:

  • provide you with our products or services;
  • consider your application for employment, directorship, committee membership or investment; or
  • we may be required by law to take particular actions, such as deducting tax at the top marginal rate.

By visiting our website, providing us with your information or applying to be an investor, director, committee member or employee of us, you agree to your information being collected, held, used and disclosed as set out in this Policy.

What is Personal Information?

When used in this Policy, the term “personal information” has the meaning given to it in the Australian Privacy Act. In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address, and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

The Personal Information We Collect

We collect personal information about you, such as your name, address, telephone number, date of birth, driver’s licence number, passport number, tax file number, bank account number, superannuation/401K account number, US social security number, photo, Medicare number, birth certificate, citizenship certificate, credit history, bankruptcy check and e-mail address, where this information is necessary for us to carry out our business activities.

However, we may also collect and hold certain sensitive information such as your criminal records or membership of a trade union or professional association, which may be required as part of our application process, or to complete background checks as part of our due diligence measures, or to provide our services to you.

We are required to collect some of your personal information (e.g. name, date of birth, residential address, passport number or driver’s licence number) under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ("AML and CTF Laws").

How We Collect Your Information

We collect your information in various ways from you and third parties, for example, in person, over the telephone, by email, via our website or by completing our hard copy or online forms (such as our Know Your Client Form or KYC processes).

Wherever possible we collect your information directly from you. However, there may be occasions when we collect your information from someone else. For example:

  • we may collect your criminal history or financial history from relevant authorities or agencies that conduct background checks; or
  • we may collect your personal information from our lawyers and/or their consultants for the purpose of carrying out background checks as part of a due diligence process (the lawyers/consultants may collect personal information from third parties); or
  • we may also be provided with a list of conference attendees for certain conferences, and we collect your personal information from such lists.

Irrespective of the source, your information is collected, held, used and disclosed by us in accordance with this Policy.

During your communications with us you must not provide us with personal information (including any sensitive information) of any other individual unless you have the express consent of that individual to do so. If you provide us with such information about another individual, you:

  • must tell that individual that you will be providing their information to us and that we will handle their information in accordance with this Policy;
  • must provide that individual with a copy of (or refer them to) this Policy; and
  • warrant that you have the individual's consent to provide their information to us.

How We Use Personal Information

Generally, we use personal information you provide for the purpose for which it was provided to us, other related purposes or as permitted or required by law. Such purposes include:

  • responding to your enquiries or requests;
  • servicing your needs regarding your investment;
  • identification and background checks for prospective employees, investors, directors or committee members;
  • anti-money laundering identification and verification checks for new investors;
  • bankruptcy and criminal checks for prospective

employees, directors and committee members;

  • meeting legal and regulatory requirements such as obligations under AML/CTF laws;
  • general background checks on individuals (such as company directors, employees and owners) as part of the due diligence process during the acquisition of an asset or business; and
  • providing marketing information regarding our products and services that we believe may be of interest to you if you opt-in to receive such information.

We will only use your sensitive information for the purposes for which it was collected, other directly related purposes or for purposes to which you otherwise consent.

How We Disclose Personal Information

Any personal information you provide to us may be shared, if appropriate, with any of our related entities, affiliates, agents and third parties who provide services on our behalf, including to:

  • our solicitors and consultants for the purpose of carrying out background checks as part of the due diligence process explained above;
  • our third-party information technology, infrastructure and operations service providers (e.g. cloud storage providers); and
  • agencies, relevant authorities and service providers conducting background checks.

We will only disclose your sensitive information for the purposes for which it was collected, other directly related purposes or purposes to which you otherwise consent.

Some of our related entities, affiliates and third-party service providers (including our IT cloud storage provider, and board and committee portal provider) are located in countries outside of the country you reside in (such as the United States, Canada and Singapore). Our contracts with these parties generally include an obligation for them to comply with relevant privacy laws (such as Australian privacy law) and this Policy. If you are an Australian resident, you acknowledge that, by agreeing to the disclosure of your personal information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas recipient's compliance with the Australian privacy law in relation to your personal information and we will not be liable to you for any breach of the Australian privacy law by these overseas recipients and, on this basis, you consent to such disclosure.

Other than as stated above, we will we not share, rent or sell your personal information. However, it is possible, though unlikely, that we might be forced to disclose personal information in response to legal process or when we believe in good faith that the law requires it, for example, in response to a court order, subpoena or a law enforcement agency's request.

Use of Cookies

Our website uses cookies. A cookie is a text file placed on your computer to help analyse how users use a website. A cookie will typically contain the name of the domain from which the cookie has come, your IP address, the "lifetime" of the cookie, and a value (usually a randomly generated unique number). The use of cookies helps us to provide you with a better experience when you browse our website and also allow us to improve our website and services.

We may use cookies in the following ways:

  • where they are essential to make our website work;
  • to enable the personalisation features on our website; and
  • to compile anonymous, aggregated statistics that allow us to understand how users use our website and to help us improve the structure of our website. We cannot identify you personally in this way.

Security of Personal Information

We take reasonable steps including any measure required under applicable law to ensure your personal information is protected from loss, misuse, unauthorised access, alteration or disclosure.

However, data protection and security measures are never completely secure, and despite the measures we have put in place, we cannot guarantee the security of your information. You should notify us as soon as possible after you become aware of any security breaches.

What If You Have a Complaint?

If you wish to make a complaint about a breach of this Policy or our compliance with the applicable privacy laws, you can contact us using the contact details below. You will need to provide us with sufficient details regarding your complaint as well as any supporting evidence and/or information.

We will refer your complaint to our Privacy Officer who will investigate the issue and determine the steps (if any) that we will undertake to resolve your complaint. We will contact you if we require any additional information from you and will notify you in writing of the determination once made by our Privacy Officer. If you are not satisfied with our determination, you can contact us to discuss your concerns or file a complaint with the relevant privacy regulator (e.g. the Australian Privacy Commissioner via www.oaic.gov.au).

Revisions to Our Privacy Policy

We reserve the right to revise this Policy or any part of it from time to time. Please review this Policy periodically for changes. If we make material changes to this Policy, we will notify you by email or by putting a notice on our website. Your continued use of our websites, our products or services, requesting our assistance or the provision of further personal or sensitive information to us after this Policy has been revised, constitutes your acceptance of the revised Policy.

Contact Us

If you have any questions or concerns about this Policy or its implementation, please contact Stanley Wang swang@foresightgroup.eu